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Mr. Wallace H. Erickson <br />Response to Fifth Adequacy <br />September 9, 2011 <br />Page 2 <br />the master list of attachments include maps, diagrams and other materials which DRMS <br />specifically requested be modified and re- submitted as part of this response, or which <br />could not easily be explained in a written response to your letter and the four attached <br />memoranda. <br />Adequacy Issue No. 1. <br />Pursuant to Rule 1.4.1(3), all information submitted in an application must be accurate <br />and complete, and acknowledged as such by the signature of an authorized agent on the <br />application form. <br />The application form received on August 9, 2011, contained errors in permit acres, <br />provided incorrect contact information for the Applicant, and was not signed by an <br />authorized agent. The Division had previously reviewed this same application form, <br />received on September 29, 2010, and had rejected the form due to the errors. <br />The Division received a correct application form with the amendment to CN -01, filed <br />April 27, 2011. However, the previously accepted form was replaced on August 9, <br />2011. Please re- submit the form previously accepted with the amendment, filed April <br />27, 2011, or submit a new form properly executed in accordance with the requirements <br />of Rule 1.4.1(3). <br />Response to Adequacy Issue No. 1. <br />Wildcat is submitting the previously accepted application form as Attachment 1. <br />Adequacy Issue No. 2. <br />Prior to the August 9th submittal, CN -01 included 47.6 acres affected lands. In the <br />August submittal the Applicant removed 15.8 acres of lands not previously affected by <br />the mining operation. Therefore, there should have been a corresponding reduction in <br />the affected land acreage, totaling 31.8 acres. However, the August submittal indicated <br />44.23 acres affected lands, representing a reduction of only 3.37 acres. Therefore, the <br />Applicant added 12.43 acres to the boundary of affected lands. As shown in Table 1, the <br />increase occurred primarily with an expansion of the affected land boundaries for the <br />New Access Road and Pre - existing Roads. <br />DEN 97,599,531v1 9 -9 -11 <br />GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM <br />